- (1.)This Habeas Corpus Petition is filed, by the mother of the detenu, namely, Sakratees, aged 40 years, S/o Ganesan, to issue a Writ of Habeas Corpus, to call for the records, in Memo No.1303/BDFGISSV/2014 dated 19.09.2014, passed by the 2nd Respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982), branding him as a "Goonda", in the Central Prison, Puzhal, Chennai-66, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.
(2.)Even though Ms.R.Subhadra Devi, the learned counsel for the petitioner raised many grounds, in assailing the impugned order of detention, he confined his arguments only on the ground that there is unexplained delay in considering and disposing of the representation of the detenu, which would vitiate the impugned detention order.
(3.)According to the learned counsel for the petitioner, the representation, dated 25.11.2014, has been received by the Government on 27.11.2014 and the remarks were called for on 27.11.2014. But, the remarks were received only on 12.12.2014, after a delay of 15 days. The learned counsel further submitted that the file was dealt with by the Under Secretary on 16.12.2014 and by the Deputy Secretary on 17.12.2014 and the Minister has dealt with the said file on 21.12.2014 and the same was rejected on 22.12.2014 with a further delay of 4 days. It is his further submission that as per the Proforma submitted by the learned Additional Public Prosecutor, there were 6 intervening holidays and even after giving concession as to the intervening holidays, still there is a delay of 13 days in considering the representation, which remains unexplained. The unexplained delay in considering the representation of the detenue vitiates the detention order. In support of his contention, the learned counsel for the petitioner relied on the judgment of the Hon'ble Apex Court in Rajammal vs. State of Tamil Nadu, 1999 1 SCC 417.